P/63 



u 



A PRIVATE CIPXULAR 

By the f^prrei^pnnding Committee of Montgomery count'/, appoint- 
ed by the Ilarrisburg Convention^ to promote the election of 
AVILUAM FINDLAY FOR GOVERNOR. , 

A REPLY BY 

N. B. BOILEAU, 

Togetlier with his Correspondenc:P with the said Committee. 

_ * 

''Strike, if you please^ but hear me." • 

^:^ 

(PRIVATE CIRCU^AI^.) 

Montgomery Count y^^^-m^t^^^M 

SIR ~'' ' 

' The Committee of Correspondence of Montgomery county, 

desirous of s:uarding against the premeditated designs of our 
secret political enemies, of which you may not be apprised, have 
considered it expedient and adviseahle again to address you 
through the medium of a private circular. 

Onlhe 4th of \ugust last, we did, in our official capicitj. as 
well as throu'2;h motives of personal friendship, owing to many 
sinister rumors afloat relative to t!ie ininical disptsition of J^^l' 
thaniel B. Boile.au, to the election of William Findlay, the de- 
mocratic candidate for governor— which, from the coufideace 
we uniformly entertained of his republican integrity we could not 
imagine that it was entitled to the sli^h^est credit— Sut in o;dei- 
to remove public impression and for our indivuiuil satisfictinn, 
we addressed him on the subject, and particularly stated in our 
communication the nature of the reports in circulation, and re- 
quested of him as soon as convenient an explicit denial. We 
received an answer dated the £Oth of August ; and, much to 
our astonishment and surprize, it is fiauy^ht with falsehood and 
disappointment and the niost mali-nant political turpitude una- 
ginable : He traduces in the most shanseful and dastardly man- 
ner the private and public charafcter of Mr. Findlay, whom he 
chai<^es wish havin^j; obtained his nomination bv fraud, peculahon, 
intri^rue and corruption, and hits the hardihood and eitroniery 
to pronounce comparatively, that the Carlisle caucus was equally 
republii-an with the detejration composing the llarrisburg conven- 
tion No expression of opinion can be consi<!ered more unau- 
thorized coming from Mr. Boileau., as this, particularly wiien he 




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r . o 



\5^i 



made his selection and suffered his name to be nominated by the 
Hdriisbura; convenlion, under a perfect understanding that he, 
as well as Mr. Findlay, would submit to the decision — But Mr. 
Boiiean, from his letter in our possession, refuses hi* support to 
Mr. Findlay, because he did not receive the preference. 
Such conduct is at least, destitute of principle and political hon- 
esty — it is traitorously abandoning the democratic party, tliroua;h 
whom he secured the second station in the commonwealth. Mr. 
Boileau, not content with denouncing the character of Mr. Find- 
lay, we are assured, that in order to gratify his disappointed 
ambition and satiate his revengeful and malignant heart, he se- 
cretly supplies our opponents with means to destroy with Mr. 
Findlay, the republican ascendency in the state. 

Mr. Boileau, since the decision of the arbitrators in the case 
of Kline and Peacock, has, we understand from respectable au- 
thority, been industriously enoiaged in writing letters to his 
friends in Montgomery and Bucks counties, to oppose Mr. Find- 
lay ; but, instead of answering his desired object it has excited 
the indignation of those whose political character he attempted to 
destroy, and renewed in them double vigilance and exertion in 
support of the real democratic candidate, Mr. Findlay. 

We have strong grounds of apprehension from the information 
we have received from several sources and from the possession 
of conclusive evidence, of the disappointment of Mr. Boileau, and 
his unjustifiable animosity towards Mr. Findlay, that his mind 
is prepared to extend his political treachery to every possible 
length in order to frustrate the election of the democratic candi- 
date. That it is a matter of infinite importance we should be 
on our guard, and indefatigable in our exertions, indirectly to 
apprise our republican brethren in our respective counties through- 
out the state, to meet with contempt and decided disapprobation, 
any communication Mr. Boileau may give publicity to under the 
sanction of his name, previous to the election, in order to injure 
Mr. Findlay. 

We shall answer Mr. Boileau's letter in the course of a few 
days, in which we shall refute his charges against Mr. Findlay 
as false, and as the visionary effusions of a disappointed man— « 
and finally denounce him as an enemy of democracy and unwor- 
thy the confidence of his former political friends. 

We should be happy to hear from you previous to the election, 
and your candid opinions as to the result in your respective 
counties.— Our majority will not be less than five hundred. The 
republicans are firm, vigilant and active, with us, and resent 
with decision and promptitude, the views and overtures of disap- 
pointed men. 

PHILIP S, MARKLEY,-^ 
HENRY SCHEETZ, Committee of cor- 

BENJAMIN REIFF, respondence ap- 

JUHN WENTZ, [> pointed by the 

JOHN J0NE8, I Ilarrisburg con- 

PHILIP REED, vention. 

PHILIP YOST. I 



(CIRCULAR.) 

Harrisburg, September 29i/t, 1817. 

SIR, 

Self-defence is the first law of nature. — A sense of that 
duty which. I owe to myself compels me to address jou on a sub- 
ject seriously implicating my moral and political character. For 
three or four days past I heard it whispered through the town, 
that there was a paper in circulation containing the most severe 
denunciations asjainst my character ; but I could not get a sight of 
it. I was told by a friend in town that he had seen the circular 
in the hands of one of the committee, I requested him to ask if I 
Blight have the liberty of seeing it — he did, but it was refused. 
By this day's mail I received a letter from a friend at a distance, 
enclosing a paper purporting to be a private circular from the 
corresponding committee of Montgomery county, designed for 
the several corresponding committees throughout the state, ap- 
pointed to promote the election of Mr. Findlay. This letter 
charges me with falsehood, political turpitude, treachery, of 
abandoning the democratic party, malignity of heart ; in short, 
every thing which constitutes the villain. As no doubt you have 
received the letter prefering these charges against me, in order, 
as it is stated, to put you " on your guard to meet with contempt 
" any communication of mine" — I am compelled, in whatever 
manner you may receive it, to put you in possession of a copy of 
the letter I received from the secretary of that committee and 
my answer to it, with a brief statement of the circumstances con- 
nected with the correspondence, that you may judge how far the 
confidential and candid statement I made in my answer to that 
letter, justifies the uncharitable, illiberal, and iinparralleled de- 
nunciation, and whether it does not contain a tincture of that 
malignity with which I am charged. 

From the knowledge I possessed of tlie political characters of 
Mr. Findlay and Mr. Hiester, I had serious doubts whether the 
election of Mr. Findlay or Mr. Hiester would best promote the 
honour and permanency of the democratic party, or the best in- 
terests of the state. Under that impression, and sensible of my 
own peculiar and delicate situation, I determined not to embark, 
in the cause of either. But, if I may be permitted to compare 
great things with small, like the belligerents in the late war 
which desolated Europe, the partisans who had engaged in the 
conflict which now agitates the citizens of the state, were de- 
termined that there should be no neutrality; and all those who 
could not be drawn into the controversy by the arts of diploma- 
cy, were to be scourged into the ranks by threats, insults, aad 



the palpable violation of their neutral ria^lits. I was assailed by 
letters, and personal applications to, conip out. as tliev called it, 
and give my opinions to tlie publie. To those who addressed 
me by letter, I declini'd jriviti!; anv answer, except ti) one parti- 
cular and confidential friend whom I could not refuse without 
violating friendship and respect; and who, as far as I know, al- 
thoujjh active for Mr, Findlav, has not abused my confidence. 
To those who made personal applications I Jiave no opinion, but 
told them to exercise their own best judjrjnent. In the month of 
August I received a letter under date of the 4th, from the secretary 
of the committee of correspondence in Montgomery county, vvitli 
aview, asl believe, to draw from me an answer for publication. 

Aware of my delicate situation, 1 hesitated until the 2Uth of 
Auc;ust before I determined to answer the letter. To refuse 
answering it might be construed into a want of respect, or into 
guilt or pusilanimity — to answer it evasively, into both hypocricy 
and fear. Either of those constructions was abhorrent to my 
feelings. I was also sensible that my answer would be discord- 
ant with the sentiments of the gentlemen who addressed me, and 
that 1 might expose myself to at least the suspicion of selfi>h and 
unworthy motives. But relying; on the friendship and confidence 
they expressed in my "republican integrity," and on the libe- 
rality of their minds, I answered them with truth and candour. 
In that opinion, however, I have been unfortunately mistaken; 
they have attributed to me motives the most base anil unworthy, 
which could possibly operate upon the human heart. The honest 
devotion of more than twenty years of the prime of my life, to 
promote the cause and principles of democracy, has not shelter- 
ed me from the most bitter denunciations. A dagger has been 
aimed at my bosom in the house of my pretended friends ; but, 
shielded by the consciousness of the purity of my motives, I defy 
its point. My letter, you will perceive, was written with mucb 
freedom, without reserve, and you will remember, with the most 
perfect coididence, and the fullest reliance upon tlie friendship, 
liheraliiy and honor of the gentlemen to whom it was addressed. 
I am charged with having been " industriously engaged in writing 
*' letters to my friends in ^!ontgomery and 1jU( ks counties to 
*• oppose the election of Mr. Findlay." About the first ot July, on 
a visit to my family in Montgomery county, I met with three or four 
of my friends and neighbours; the election of governor was in- 
troduced into our conversation, and the trial pending between Mr. 
Kline and Mr. Peacock, which cii cumstance had tteen published in 
most of the papers; and they requested me, when the trial was 
over, to inform theui of the result. After the trial I wrote to 
8ome of them, one only in Bucks county, with whom I had long 
been in habits of friendship, intimacy and confidence. I have 
heard that he has either read or shewed my letter to some of his 
friends, presuming, I suppose, that as the trial had been publish- 
ed, that it was no longer a secret. In that letter I stated to him 
a summary of the evidence I had taken from the notes of Mr. 
Downey, which corresponded with those taken by Mr. Mont- 
gomery, another of the arbitrators, and the award given by them, 



similar to what I had stated to the committee. The-se facts were 
no secret, the trial was in the open court-house, many attended, 
the documents on file in the prothonotary's office, and published 
in several of the newspapers. 

Again, I am charged with having abandoned the democratic 
party. I never have nor never will abandon the party until they 
abandon their principles, nor will I ever be f >und in the ra?iks of 
federalism until they abandon theirs, and the two parties make a 
mutual exchange of principles. But when I believe that the de- 
mocratic party are pursuing measures that will prostrate their 
principles and their honor, I will never participate in them : and 
of this I must be the judge, and exercise the right of a freeman 
and act according to the dictites of my own judgment and con- 
science — any denunciations to the contrary notwithstanding. 

In reply to a paragraph in the circular, vviih regard to the 
manner of nomination. 1 would remark, that I never otFered my 
name as a candidate, nor did I ever speak to a single member of 
the legislature, or delegate, not even from my own county. I 
ha(! no expectation of a nomination — 1 knew a powerful machine 
had been put in motion, and it did not require the spirit of pro- 
phecy to predict the result. Nor did I know, till afier the no- 
mination, many of the measures that had been adopted in various 
counties to insure instructions in favor of Mr. Findlay's nomina- 
tion. 1 intended no reflections upon the delegates generally — 
very many of them were very honest and upright men ; but many 
of them were deceived, believing that their instructions emanated 
from at least a respectable number of their constituents, and not 
from a few selected for a special purpose. 

I appeal to you whether it would not have been more candid, 
liberal, just, and honorable in the committee, before they issued 
their denunciation, to have answered my letter, furnished me 
with the promised refutation,* which 1 have not yet received, and 
ascertained what effect it would produce upon my mind, and 
whether, after being convinced, had magnanimity enough to have 
acknowledged my error? Has not their conduct been something 
like hanging a man first, and then attempting to convince him of 
his guilt? Does not their conduct give [a colour at least to the 



* Some persons may suppose that from the 20th of August to the pre- 
sent time would have been long enough for the committee to ha%e pre- 
pared the refutation. Let such recollect — That this will require — 1st. 
To refute the records of the legislature— 2d. The records of the bank — 
od. 'I'he documents on file in the prothonotary's office and award of the 
arbitrators — 4th. The testimony of some of the most respectable men in 
the state— 5th. The ackiiowledgments of Mr. Findlay himself— 6th. His 
own reports of the receipts and eipenditures in the treasury — 7th. His 
own cojifession in his explanatory letter to the Harrisburg committee — 
8th. The evidence of my own senses — Lastly, as they have promised, 
" refute all tlie visionary effusions of a disappointed man." This labour, 
however easy, and strong-handed they were, would have occupied all their 
time until the 14th of October, and it was "amatterofinfiimeimportajice'^ 
that I should be denounced before the election. And every person knows 

XH\ to kimk a mm down is the most expccJitious method to refute him. 



6 

charge frequently made ac;ainst the friends of Mr. Findlay, that 
they are determined to elevate him to the highest office in the 
gift of the people, nol upon the grounds of his talents, services, 
or political consistency, but upon the ruins of the character of 
every man who dares oppose, or refuses to support him ? While 
charging me with secretly endeavouring to destroy Mr. Findlay, 
have they not fallen into a like error in attempting, by a private 
circular, to ruin my moral and political character.? But I will 
not recriminate — the circular affords an ample theme ; I will not 
weary v<ur patience, nor en^^age in so unpleasant a task. I 
would willingly believe that the committee were actuated by an 
honest zeal to promote, as they believed, the cause of republican- 
ism. Let time determine whether that zeal has been according 
to knowledge and prudence. I have beard that in anf)ther coun- 
try if is treason to imagine the death of the king ; I have known 
in this country a citizen fined and imprisoned for a constructive 
contempt. Such doctrine, and such conduct has heretofore been 
universally reprobated by democrats. But 1 never knew that it 
was now one of the statute or common laws of democracy, that a 
man who iuiagines that a candidate once nominated may be un- 
worthy of the office, was guilty of treason— or that he is to be de- 
nounced as a traitor and apostate, if he answers interrogatories 
honestly, or takes the liberty of stating to his friends, at their re- 
quest, facts that are notorious.* If I have violated this law, my 
ignorance is my only apology. 

I most deeply regret that, may I be permitted to say, by the 
imprudence of my j)rofessing friends, a correspondence intended 
to be confidential, should be forced upon the public. My wish 
is, that if possible, this correspondence may be limited to the 
view of those only who have seen the circular. And still more 
deeply 1 regret that 1 should be the cause of giving a moment's 
pain to a man whom I had long respected as a private citizen, 
and to whom I now feel no personal hostility, and wound the 
feelings of an amiable family. 

Very respectfully, 

Your ob't serv't, 



N. B. BOILEAU. 



To the Secretary of the Corresponding Com- 
mittee appointed bij the Ilarrislmrg conven- 
tion for the county of 



* Although " rejected''* by the convention, I did not suppose that I \v.as 
deprived of the right of thinking', or answering the letters of my friends. 
This would he us arbitrary and ivintocraticaL as to deprive a young man 
from voting who had never paid taxes. 



jyorristdwn, August 4th, ISir. 
Dear Sir, 

The Committee of Correspondence, appointed by 
the Harrisburg Convention, for Montgomery county, to promote 
the election of the Democratic candidate for Governor, have 
taken the liberty to address you on a subject which has excited 
considerable distrust among your republican friends. We have 
taken this liberty from motives of personal friendship and the 
unlimited confidence we have uniformly reposed in your republi- 
can integrity : and any incident occurring, which has a tendency 
to destroy or diminish, in any relation, that friendship or <'on{l- 
dence, we would deem it an act of injustice to conceal a disclo- 
sure. We, therefore, extremely regret that, under existing 
circumstances, we are obliged to communicate to you, that it is 
currently reported, by the enemies of Democracy, that you are 
inimical to the election of William Findlay for governor, and 
that you are about disclosing some facts relative to his official 
conduct, as state treasurer, that will completely condemn him in 
public estimation, and effectually frustrate his election. There 
are a variety of other sinister rumours afloat. We hear occa- 
sionally asserted, that the course you contemplate pursuing in 
the approaching contest for governor, will be perfectly neutral : 
and we also hear, with astonishment and surprise, that you have 
become the confidential friend of Michael Lieb, and that there 
is a mutual political correspondence supported between. you.— 
We have been disposed to consider these rumours as fabrications, 
originating from the depravity and ambition which actuate the 
seceders of the republican family, for the purpose of accomplish- 
ing their views of self aggrandisement. But, at the same time, 
as the friends of democracy, and you being esteemed as one of 
her favourite supporters, we are desirous of having as soon as 
convenient, under the sanction of your name, some foundation 
■which will amount to a declaration of an explicit denial of those 
false reports, calculated so much to injure your political stand- 
ing, and in a great degree to disturb the republican harmony of 
particular eections of our country. Be good enough to accept 
from me and from the committee individually, our warmest wish- 
es for your happiness and welfare. 

I have the honor to be, sir, 

On behalf of the Committee, 

Your friend and humble servant, 

PHILIP S. MARKLEY, 
N. B. BoiLEAU, Esq. 



8 

narrisbiirgi, ^^uguat 20th, 1817. 
Sir, 

T have the honor to acknowleiljjie the receipt of your letter 
of the 4th instant, written on behalf of the corresponding; com- 
mittee Please to aecept yourself, and t-niler to the committee 
inv thanks for their expressioa of confitlence in mj republican 
integrity. 

My peculiar and delicate situation, renders it an unpleasant 
task, to apeak or write on the subject of the ensuins; election of 
governor. 1 have cautiously avoided it, and have never written 
on that topic, unless when addressed by some of my confidential 
and political friends. At the same time, I am not disposed to 
shrink from the responsibility of mv public or private conduct. 
As you have addressed me in an official form, I shall answer 
you with truth and candor. I am no wav apprehensive that my 
political character, at this day. will be artei^ted in the estimation 
of my real political friends, by reports oiiginatins; with, and 
circulated by, '* the enemies of democracy.*' For your satisfac- 
tion, however, I explicitly declare, that 1 have neither written 
to, nor received a letter from Dr. Lieb, since the year 1806. ex- 
cept in October, 1814. when I addressed a note to him, as post- 
master, respecting certain election returns, which note, t'»':;eth- 
er with his answer, were both published in the Aurora shortly 
after. Neither have 1 ever exchanged a sini;!e word with him, 
since the year 1808, when he was a member of the state lei^isla- 
ture. In ansv/er to that part of your letter, in which you state, 
that, " it is currently reported, that I am inimical to the election 
of Mr. Findlay for governor." I say explicitly, that I am not in 
favor of the election of either of the candidates. Viewing it as 
a question extremely problematical, whether the election of Mr. 
Findlay, or Mr. Iliester, would best promote the real interest, 
honor, and integrity of the democratic party, my intention and 
■wish was to retire to the walks of private life, without interfering 
at all in the election of either. You will probably say there is 
now no alternative— we must support either the one or the other, 
it is indeed an awkward dilemma, iu which the party are placed, 
by the intrigues of Mr. Findlay himself, and a few bold, unprin- 
cipled, and interested political jugglers ; and 1 cannot become a 
recruiting sergeant, to carry their schemes into operation. Nei- 
ther am I dispesed, under existing circumstances, to oppose the 
election of Mr. Findlay. I have already said, 1 am not in fa- 
vor of Hiester. Besides, I am perfectly aware, that if I did op- 
pose Mr. Findlay, my conduct would probably be attributed to 
envy, malice, personal feeling, or other improper motives ; ex- 
pose me to the calumny and abuse of most of the democartic 
printers, so called, who have been early enlisted in the cause of 
Mr. Findlay,* and who have carefully kept every other name 

• I now add, that about tlie month of February last, a deposition yrns 
sent to me, statinjr' that a certain printer told the depon.nt, that Mr. J'^ind- 
lay had applied to him, to promote his nomination, and that he should be 
re'varded: that printer entered with zeal in Mr. Findlay's cause. The de- 
ponent is of unquestionable character ; but as he must depend upon his 
o^vn h'.bor for support,, and it h now a rci^n. of terror, I omit his nt^me. 



*^'l 



out of view, and scrupulously avoided (o give any information' 
as to his real political character, and no doubt, would exclude 
from their columns, any thing 1 might offer in my defence. But, 
to be a little more explicit in my reasons, for not actively sup- 
porting; Mr. Findlay in preference to Mr. Hiester ; I remark, 
that I can see no rational ground of preference. Mr. Hiester 
did certainly expose his property and his life, to defend the cause 
of freedom and his country, at a time which emphatically " tried 
men's souls^^ Mr. Findlay has done neither — nor do I know 
that he has rendered any important service to the democratic 
party ; for wliat he has done, he has been amply rewarded. On 
the ground of political consistency — he has no claim superior to 
Hiester. The latter has always professed to be, and generally, 
•was called a republican — the former, it is said, to have been a 
federalist, and elected by them in 1797. I was in the legislature 
at the same time.* he was not then, an active member, but so far 
as can be judged from his votes, if classed with either party, it 
must be then, with federalists. In 1805, Mr. Hiester was op- 
posed to the election of Mr. Snyder, at the same time, Mr. Find- 
lay voted in favour of M'Kean's nomination, in preference to Mr. 
Snyder ; consequently they both came under the denomination 
of quids. It is objected to Mr. Hiester, that he will be support- 
ed by the federalists ; this objection comes with a very ill grace, 
from the same men, who stated it as a recommendation of Mr. 
Findlay, that he had all the federal votes in the legislature, for 
treasurer' — that in Franklin, the federalists voted for him, in pre- 
ference to one of their own avowed principles — that if no decid- 
ed federalist was taken up, that they would prefer him to any 
other democrat, so called. Again it is objected to Mr. Hiester, 
that he voted in convention, for the exclusion of young men, be- 
tween the ages of 21 and 22, from voting, unless they had paid 
taxes. This vote 1 disapprove. Here we cannot draw a com- 
plete comparison, because, Mr. Findlay was not in the conven- 
tion, and therefore, we know not, how he would have voted on 
that question. We must, therefore, take a ease or two, which 
are most analogous. When in the legislature, Mr. Findlay vot- 
ed with every federalist in the house, against the passage of a 
bill, to make the accountant officers independent of the execu- 
tive, according to the true spirit of the constitution. (See Jour- 
nal, 1804-5, pages, 458, 4b3, 604.) He, too, voted with ev- 
ery federalist in the house, against instituting any inquiry into 
the right, or power of the judges, fining and imprisoning Pass- 
more, for an alleged constructive contempt of court ; or rather 
for refusing to make concessions to Mr. Bayard. (See Journal 
1803-4, page, 634.) 1 appeal to your candor, whether the vote 
of Mr. Hiester, or those of Mr. Findlay, savoured most, of 
aristocratic, arbitrary principles and temper — and whether you 
would not rather be deprived of a vote for one year, or a part 
cf one, than be exposed all your lives, to fine or imprisonment, 
at the discretion of a judge i*— for remember, that a precedent 
thus established and sanctioned, becomes as much the law of the 

* I boarded in the same house with him, about two years. 



10 

land, as if it were incorporated in our statute book. Mr. Find- 
lav's vote, went to estaMish and sanction suoh a precedent ; and 
then, any man who would not make concessions to another, at 
the intimation of the court, would be exposed to a fine, and tlic 
loss of his personal liberty, at the arbitrary will of a judge- 1^*^- 
sides, the vofe of Mr. Iliester appeared to correspond with ihc 
principles, for which we contended in the revolution ; that taxa- 
tion and representation, should go together. And Mr. Gal- 
latin and M'Kean, voted in the same way ; and that was not ob- 
jected to M'Kean, when he was the democratic candidate for 
governor; nor did Mr. Findlay object to that, in 1805, at the 
same time too, when M'Kean had deserted the democratic par- 
ty, and had grossly insulted both the people, and the legislature, 
still he voted for M'Kean, in preference to Snyder. 

Once more on political consistency. Mr. F. opposed the bank- 
ing system as ruinous until the year 1 8 1 4 — then became its patron, 
and shewed on that occasion not only inconsistency, but a dis- 
position to supplant Mr. Snyder; for when he was waited on by 
Thn*;. Sergeant (than whom none was a more bitter reviler ol 
Snyder and democrats in 1808) and others, to know whether he 
would run in opposition to Mr. Snyder, with a sine qua non, that 
all the officers must be changed, Mr. F. did not positively agree 
to run in opposition, but wanted Mr. Snyder's friends to advise 
him to decline, at the same time expressed an apprehension that 
should he decline it might establish a precedent, that a governor 
should not serve longer than six years. From this brief compari- 
son, even on the ground of political consistency Mr. H. is at least 
as unexceptionable as Mr. F. Again, it is objected to Mr. II. 
that he has been guilty of bribery for giving a sum of money for 
the benefit of the poor of Berks county. Mr. F. has expended 
Irible the sum in accommodating and entertaining members of 
the legislature and other influential men who were expected to 
make and did make the nomination. The former bestowed his 
own money — the latter, as is charged, made use of the public 
money, and the late decision of the arbitrators seems to confirm 
it. On the ground then of bribery they are at least equal — ex- 
cept in Mr. F.'s having applied the money more judiciously and 
in a way more extensively advantageous to himself. Again, the 
mode of Hiester's nomination is objected to. All the demo- 
crats of the state were openly invited to send delegates to Car- 
lisle to make a nomination — delegates from many counties did 
meet, all had an opportunity to send them, and they surely had 
the same right to nominate and recommend a candidate as the 
delegates who met at Harrisburg. It has not been even alleged 
that Mr. Hiester ever intrigued or made use of any management 
to procure his own nomination. This cannot be said with re- 
spect to Mr. Findlay. He had his brother-in-law and other re- 
cruiting sergeants here all winter, aided by the most persevering 
and indefatigable industry on his own part.* It is also a noto- 

* I now add— for the truth of this remark, I appeal to the members of 
the lejjislature, aiid others wlio were at Harrisburg during the last ges- 



11 

rlous fact, that in many counties select meetings were called for 
the express purpose of giving; instructions to the members of the 
legislature to support Mr. F.— and in some instances not more 
than eight persons collected clandestinely and undertook to give 
instructions to members of the legislature. On the ground, 
therefore, of fairness and candor in the mode of nomination, xMr, 
H. is much the least exceptionable. 

Nor am I prepared to say. that when once a candidate has 
been nominated, however unfair the means which have been em- 
ployed, and however unfit he may be for the office, that it is the 
duty of every man of the party to support that nomination— if 
so, general eh>ctions are nothing better than an expensive farce, 
and the people act the contemptible part of punches in a puppet 
shew. If the party cannot be supported upon principle, it is not 
worth supporting at all. If intrigue, bribery, corruption, and pe- 
culation are sanctioned by the people, men of honour, virtue and 
independent spirit will despise the unequal contest, and the bold 
intriguing and unprincipled rule the state. Vice struts in all 
the pageantry of pomp and power; and moral and political vir- 
tue are banished to the vale of obscurity, neglect and contempt. 
In every view which I can take of the subject, I can perceive no 
rational principle upon which Mi'. F. can be prefered to Mr. 
Iliester. 

I now proceed to reply to that part of your letter in which it 
states, that I am " about disclosing some facts relative to his 
(Mr F.'s) official conduct as state treasurer, that will complete- 
ly condemn him in public estimation, and effectually frustrate 
his election." This is also incorrect. It however might have 
arisen from the following circumstance; when I visited my 
family about the first of July last, I stated to two or three of my 
nei<^hbours and particular friends, that there was a suit brought 
by a printer, by the name of Kline, of Carlisle, against Mr. Pea- 
cock a printer at this place, for a libel, the result of which / 
believed would produce the effect you mention. The case was 
this • Kline stated, that Mr. Findlay was in the habit of getting 
loans annually from the bank for 50 days, about the beginning of 
November, just before the auditor general inspected his accounts 
and the state of the treasury ; and that those loans were to make 
up deficits in the treasury, preparatory to his makin- a report to 
the le'^islature in December, of the state of the finances; that he 
aUavl repaid the loans at the end of 60 days; and that, he con- 
seciuently had the use of the public money for 10 months in t.re 
vear without interest, and used it for improper purposes. Mr 
Peacock denied the charge, and said that Mr tindlay never had 
a cent out of the bank in his life; that Kline had jabriccded a 
ivicked and malicious falsehood. Kline then called on Peacock 
to take Mr Findlay and Mr. Ellmaker, his particular friend, Mr. 
Brvan and Mr. Leech, and j;o to the offi.-ers ol the bank and make 
the inquiry, and let that settle the question of truth or falsehood. 
Mr Peacock declined the proposition ; from f/as circumstance 1 
was convinced that the facts were so: because it was a duty Mr. 
F o\\-ed to himself and his friends to rebut so serious a charge m 



12 

the most conclusive manner; and a fair, easy and certain mode 
•was presented, whicli, if lunocnit, he would have iiiatanthj em- 
braced. Kline then brought a suit ai^ainst Peacock. The suit 
was determined on Tuesdav evening; last before arbitrators: — 
They were five in number, all but one of them, as I understand, 
were the friends of Mr. Findlay, and that one Mr. J. Downey, a 
■very intelligent Hnd correct man, who has a long ti >,e withdrawn 
liimself from political discussions. They found damages of 40 
shillings against Mr. Peacock, with costs, probably amounting to 
S'2oO. The follovving I have taken from Mr. Downey's notes. — 
Subpoenas, duces tecum^ i«sued, requiring the directors to pro- 
duce certain books. Mr. P^llmaker, counsel for Peacock, object- 
ed to the production thereof, and the directors refused. An at- 
tachment then issued a2;ainst them, and the books were pro- 
duced. They exhibited as follows: Note,Nov. 15th, 1813, g 1600. 
Note, Nov. 14th, lbl4, gSOOO. Note, Nov. 20th, Mil 5, gSOOO. 
Note, Nov. 18th, 1816, g.iOOO, all for 60 days. Robert Smith, 
the brother-in-law of Mr. Findlay, the drawer, (he was summon- 
ed as a witness, but would not appear here or at Chambersburg 
to make deposition) and W. Findlay the endorser. The amount 
of the two last passed on the bank books to the credit of the com- 
monwealth, with the exception of a part of the last note, it does 
not appear from the notes of Mr. Downey how they were disposed 
<if— and the whole amount g 12,600. Notes all taken up by Mr. 
F. at the end of 60 days. Of the last note of goOOO, 4,500 pass- 
ed to the credit of the commonwealth, the balance was taken out 
by Mr. Findlay. It was alleged, on the part of Mr. Peacock's 
counsel, that the last note discounted was for the use of his brother 
John, to enable him to purchase United ^tates stock. But as the 
bank here paid out no par money, but dealt altogether in country 
paper; which would not answer J. Findlay, Mr. W. Findlay 
must have either given him a check on one of the Philadelphia 
banks, or paid him Philadelphia paper out of the treasury ; how 
that was does not appear from the notes befere me. The state- 
ment of Mr. F.'s account, as follows, deposits, &c.* Mr. Bryan 
in his evidence, states — That the settlement is made annually 
on the 1st of December ; that in the settlement of Dec. 1st, 1816, 
Mr. Findlay did not exhibit to him his bank accounts as treasurer, 
but produced a certificate from Mr. Musgrave, the cashier, cer- 
tifying Sl9,755 16. (See note at bottom of page.) You perceive 



•Deposits, 


1816. 






Nov. 30th, 




Nov 


IBih, 


§1,000 




Drafts out of bank, §1000, &c. 


Do. 


25th, 


4,500 




amounting 


to §37,083 92 in 


»I.iy 


6th, 


15,000 




the whole. 




Apr 


122d, 


5,000 








Dec 


16th, 


15,423 
40,923 


38 
38 






Balance N 


jv. 30th, 


15,871 


18 








§56,794 


56 






bank, 


57,083 92 






Balance in 


§19,710 


61 





13 

that the g4,500 is credited to the treasurer as a deposit, and is 
necessary to close the account; but it was alleged that J. Find- 
lay bad it. 

In the course of the trial Mr. EUmaker, the counsel for the 
defendant, produced a letter from John Findlay, to his brother, 
the treasurer, to prove that he, the treasurer, had no concern in 
the speculation in the U. S. stock. This letter exhibited on the 
faee of it the most manifest marks of being altered. The plural 
pronouns we and our were erased, and pronoun my written upon 
it. Where the word we appears to be erased, the letter reads 
thus : " I see in the papers bank stock now sells at from 30 to 35 
per cent, advance — to sell at this price ^ would make some- 
thing handsome." The sense appears to be incomplete without 
the word we, or /, — where the alterations are made the ink is 
much blacker ; but this is a subject not to be clearly described 
by writina;, it must be seen to satisfy the mind — all I can say or 
will venture to say is, that it appears to me to have been altered 
from what it originally was — but by whom, I cannot, nor will I 
pretend to say. The moral character of Mr. Findlay hitherto 
has stood far above any suspicion of that kind. Mr. Elder, the 
counsel for the plaintiff, pronounced it forgery, and demanded 
that it should be filed in the prothonotary's office, that he might 
hereafter prove the fact if required. The letter is accordingly 
filed.* This unexpected circumstance has excited universal 
astonishment. Thus to remove a suspicion of speculation, a 
suspicion of a much more criminal aspect has been produced. 
The other circumstances of speculating and using public money 
without interest, accommodating favorites with par money, and 
forcing on honest creditors depreciated paper — are all lost and 
swallowed up in the contemplation of the act last mentioned — 
and it is with extreme reluctance and pain that I communiiate 
to you the fact — I hesitated long before I would pen it— gladlj 
Avould I confine it to my own breast were it in my power^ — but it 
cannot be concealed. 



* I now remark, that this letter was attached to a deposition of John 
Findlay, taken at Chambersburg. Mr. Elder wrote to Mr. EUmaker to 
file those documents in the office, as they were the property of both par- 
ties, that he might have an opportunity to examine them. This was not 
done. Mr. Elder could not get to see them until the evening of the se- 
cond day of the trial, when he got them from the arbitrators. In the 
course of the trial, before those papers were exhibited, Mr. EUmaker said 
that he had documents in his pocket, that would blast all the golden 
prospects of the plaintiff, but that he was instructed not to produce them 
uidess absolutely necessary ! — Why those instructions 7 Was it because that 
letter was of a suspicious aspect ? Wliy not put that letter and the depo- 
sitions on file as he ought to have done ? Was it because they would not 
bear scrutiny!" — No explanation was attempted of the manner in which 
the loans were disposed of for the yeai's 1813, 14, & 15 — the loan of 1816 
of §5,000 \was to be sure explained in this way — §5,000 borrowed two 
months before it was wanted to pay au instalment for his brother John of 
§3,500. 



u 

I mention one circumstance more, connected with his oflicial 
conduct as treasurer. Mr. Forster, cashier of the Harrisburj; 
Bank, states in his evidence, that on examination of the auditor 
general's report, for three years last past, that in his o|)iiiiori, the 
state treasurer could have paid all the claims au;ainst the com- 
monwealth, in par money. Was it then just, honest, (»r honor- 
able to the state, that the fair and honest creditor, should he 
compelled hv the stronc; arm of the state, to receive depreciated 
money, when there was suflii-ient par money, to discharge every 
claim ? Would it not be more just and equitable, that the loss 
should fall on the whole state, rather than individual crp'litors .■• 
Besides, th.e state, or its legislature, which is the same thing, 
caused that depreciation, by tlie injudicious establishment of the 
banking; system. Did the state creditors receive good paper ? 
let them answer the question. It is a fact, that very many last 
year, could not get a dollar; and those who did, must receive it; 
under the impression, that it was of the special ^race and favor 
from the treasurer. Many of the clerks, who have families, and 
depend entirely on their salaries for support, could not get a 
dollar.* Do you ask how this good money was disposed of .=* 
I^et the treasurer answer that question. In part we know. His 
friend Acheson and brother John were accommodated, it would 
appear, with S13,000 of it; to whom the state owed nothing. 
Frequently has he said in my hearing, and others, when asked 
by creditors, for Philadelphia paper — I must save a little for the 
members of the legislature, they n»ust be accommodated. Why, 
above all others, were </in/ entitled to the preference .'^ the very 
men, who had been the instruments in producing the deprecia- 
tion. Some of these men after they received it, exchanged it 
with the storekeepers here, at an advance of 8 or 10 per cent. 
It would be invidious to say, that they were the men who were 
expected, and who did make the nomination, and therefore, 
should have the pn^ference ; that would look like a charge of bri- 
bery, and I will not make it. I state the fact — you draw your 
own conclusions. 

It is also a fact, that since last spring, although the receipts 
of par money, has not increased, there is little difficulty for 
clerks and others, having claims against the state, to get a con- 
siderable, if not all their demands, in par money. It would be 
invidious, perhaps, to remark, that the nomination being made, 
the members of the legislature having acted their part in the po- 
litical drama, the common people nniv, are to appear on the stage, 
and therefore, they too, must be accommodated. I will not say 
so. I state the fact; you draw your own inference, whether 
such conduct in a treasurer, is consistent with impartiality, du- 
ty, and the obligations of an oath : I If ave you to decide. 

I now appeal to you, as men of pride, and principle, honor, 
and honesty, are you prepared to promote the election of such 
a character, to the' highest and most honourable office, in the gift 

• And so do some of the officers, and yet the last year or two, could 
not get a single dollar o^ Philadelphia paper. 



15 

of the people, who has abused the confidence already placed in 
him; who lies under the strong suspicion of, at least, par<icipat- 

ing in an — crime ? are your nerves sufficiently strong, to 

view, unmoved, a scene, which probably will be exhibited next 
session ? your governor scarcely seated in the executive chair, 
before he is arrainged at the bar of a court of justice, to answer 
for offences committed, and disclosed, not after but for months 
before the election. If so, you have the right to act as you please. 
I shall neither impeach your conduct or your motives; and only 
ask a like indulgence, when I pursue the dictates of my own 
conscience and judgment. 

A due respect to you, required me to answer your letter ; re- 
spect for myself, compelled me to do it with candor. By pur- 
suing a different course, it would have been a departure from my 
uniform conduct of expressing my opinions on all political qiies- 
tions, when duty calls upon me to do it, without partiality, fear^ 
or favor, and I should have forfeited all claim to "</ie unlimited 
confidences^ the committee have done me the honor to say, " they 
have uniformly reposed in my republican integrity." If the sen- 
timents I have expressed, do not accord with yours, do me the 
justice to recollect that they were not obtruded upon you. I may 
be mistaken in my opinions, but not in the facts upon which they' 
are founded ; most of them are within my own knowledge, the 
rest are on record, in the journals of the legislature, and on the 
files in the prothonotary's office at this place. I only add to this 
letter, already too long perhaps, by repeating my wish to retire 
to domestic life, without embarking at all, in the political con- 
test which now agitates the state, and to avoid the very unplea- 
sant circumstance of wounding the feelings of the candidates, or 
their friends ; to either of these gentlemen I have no personal 
hostility, nor would I wantonly injure the feelings of any human 
being. 

Very respectfully, &c. 

N. B. BOILEAU. 



P. S. Markley, 
Secretary of the Corres- 
ponding committee, 
Montgomery county. J 



EY, •] 
irres- ( 

'. off 



P. S. I omitted answering your letter for eight or ten days to 
know the result of the suit, that 1 might communicate it to you ; 
since that time I have been frequently interrupted by necessary 
attention to the duties of my office. 

I confide it to your honor not to permit copies of this letter to 
be taken. 



16 



The rouejh draft of the letter from which the foregoing is taken, 
was written on several scraps of paper, antl at dift'erent times, as 
leisure permitted, part in the office, and part at ni^ lodgings. — 
It is therefore pr(»bahle that there may be some difference in the 
arrangement of the letter sent to the committee, some words and 
phrases may be different. No alteration, omission, or addition, 
has been made by design — the subject matter is the same — and 
the committee have it in their power to correct any error; and I 
am informed they intend to publish my letter. Such was the 
perfect confidence I had in the fi iendship, liberality, and honor 
of the committee, that the rough draft was carelessly tluown into 
my desk, without expecting ever to have occasion to look at it 
again. 

POSTSCItlPT. 

To the present time, October 4, I have received no answer 
from the corresponding committee of Montgomery county, to my 
letter of 4th of August last — nor have been able to get a sight of 
the private circular in the hands of the committee at this place. 
•I have heard of its circulation in the City, Rucks, Chester, Lan- 
caster, Luzerne, and Northumberland. It is not unreasonable 
to infer, that the committee of Montgomery county could not be 
ignorant of it. I did hope that they would have written to me 
disclaiming any participation in an act of which I thought them 
wholly incapable. N. B. B. 



LIBRORY OF CONGRESS 



014 312 381 9 f 



LIBRARY OF CONGRESS 



014 312 381 9 W^ 



i^nm'aw.f^*:^^ D, 



